Ask HN: Do I have a right to know who gave me a bad reference?

26 points by anonnystate ↗ HN
Context is NY State.

I no longer have any interest in the position but a very positive process came to an abrupt halt and excuse relayed to me via headhunter was that one of my references had provided a mixed reference.

Before giving references I checked with each and explicitly asked (simply as a matter of form) if they are willing to be a reference and provide positive feedback.

All said of course, and one is a friend. I have asked the company, making it clear that I have no further interest (after all, I was interviewing them as well) but they are refusing to let me know which of my references provided them with the negative feedback. Given that they relayed this to the agency (from whom I heard the news) this has also obviously affected my standing with them and other leads with them have all gone silent.

What are my rights here? I simply want to know who is the snake so I can avoid them.

Thanks hn.

63 comments

[ 3.6 ms ] story [ 120 ms ] thread
Sometimes references are collected through e-mail. You could create a fake e-mail account, company, and send out a questionnaire to your references. Another possibility is having a friend send out the e-mail using their company e-mail account.
Consider that there might not even be negative feedback but that they just made that up to get rid of you for some other reason they are not willing to divulge.
Exactly. But they have given this excuse to the hiring agency and tarnished that relationship. Do I literally have to take them to court to find out? I have asked in a very friendly manner explicitly stating I have no interest whatsoever in their company -- again, the interview process was mutual -- but they are claiming that confidentiality regulations prevent them disclosing it. This is a small startup but they do have an adult CEO.
If you want legal advice you should simply call a lawyer. Stuff like this is so dependent on where you are that a forum like this is likely going to give you outright wrong advice. Spend the $100 and talk to a lawyer and get some real answers about your position, if they're supportive you might get them to draft you a letter to put the pressure on.
Wouldn't that cost a lot more than $100?
I'm not a lawyer (I'm a recruiter), and during my initial training years ago I was under the impression that the recruiter wasn't obligated to say who gave the bad reference, but was obligated to reveal the information provided that led to the decision not to hire. This was a long time ago (and not in NY).

As far as your approach, telling a company you have no interest in them doesn't increase their incentive to basically do you a favor. Most companies will take "I'm not interested in working for you" as a bit of an insult to the company, so leadership isn't likely to go out of their way to help you once you've said that (regardless of the other circumstances you've described). It comes across as sour grapes at this point.

(comment deleted)
That would concern me a lot. I understand why you want to know, but if I was interviewing you, and you asked afterwards who gave a bad reference & emphasized you're no longer interested in the job you just interviewed for, and started discussing taking the company to court... I'd feel I just dodged a bullet in not hiring you. It's a really bad look, I wouldn't want to get entangled in your personal issues.

It sucks, but I think you need to move on from this one.

That all hinges on whether or not the story about the 'bad feedback' was real or not. If it was real the company has no blame, if they made it up and tarnished his rep without cause then that would be something else entirely.
There's no incentive for the hiring manager to invent it. "Not technically qualified," "poor company fit," "we made an offer to a more highly qualified candidate," are all just as easy to say, legitimately, and do not expose the company to any liability.
> Do I literally have to take them to court to find out?

Let it go. You've stated elsewhere you nearly damaged a friendship over this. Don't go full Don Quixote.

You can go to court, but you have no legal right to the information. All you will do is waste your money.
Why not ask each of them directly ? Do not let on that you are in dark as to the contents of their reference. If done right, you can elicit an admission of culpability.
One was a friend and I nearly damaged that relationship yesterday in course of asking. Thank God his calmness saved our friendship. The other 2 are merely colleagues.

what do you mean exactly by "done right"? Appreciate the social engineering tip!

I'm not sure how you approached it with your friend, but this certainly isn't the sort of thing where you need to ask them directly if they gave you a bad reference. No one is going to respond well to that.

I would just bring up that you had the interview with the recruiter, but weren't able to move forward in the process. If they're indeed a friend--or anyone you're close to professionally--they'll probably ask why, and that point you tell them what you've told us, and just see how they react.

If they don't ask why or have any interest in caring why you didn't get the position, that might be a red flag.

Approach the issue orthogonally. Open a conversation about something else, then ask, "Oh did you ever get a call about that reference?"

1. If he denies receiving the call, that's him.

2. If he becomes unfomfortable that's likely him, but you need more information.

3. If you receive any other answer, press on.

"Yeah, the recruiter gave me a run down on what everybody said so far..." Now wait. See if that elicits anything. A change of topic without answering would be the typical "poor man's" lie.

If there's no obvious indication, you're now in a position to ask "informational" questions. First, restore their impression of anonymity. Slip in, "Yeah, but the reviews weren't matched up with names." If there's an obvious sign of relief, that's likely your person.

"Do you remember what questions they asked, by any chance. A friend asked me to give her a reference, and I want to avoid any potholes." You can circle around the topic like that for a few questions. A typical honest person will quickly become bored by the topic. A dishonest person will politely, and fully give as many answers to your questions as you want.

That's a start. Try to ask this face to face. Trust your instincts here, not your reason.

Remember your brain has a tremendously complicated apparatus for detecting lies. But this apparatus operates subconsciously. To utilize it, you'll have to become comfortable with observing your own responses. Does something "seem" off?

Another useful tactic is to simply ask twice. Lies are hard to remember, and they shift over time to explain away new evidence. The truth remains constant.

Remember, this doesn't have to be perfect. You're really just trying to probabilistically improve the chance that you successfully eliminate the bad reference.

To be honest, however, I doubt the person even realizes that their reference sunk you. As others have suggested, it was probably an accidentally lukewarm, "Oh yes, I can confirm so-and-so worked here. He's a hard worker, and he has my recommendation." That's pretty much the boilerplate HR reference, for the exact reason of avoiding liability.

I wouldn't even bother with social engineering. You're more likely to damage your social network than gain anything of use.

Pick yourself up, find another gig, use different references, and move on.

Remember, you're in one of the most in demand fields in the economy. Relax and find someplace that doesn't ghost you over a hiccup.

And to add to all the above,since your conversation with friend number one, your job is already 1/3 done.
I still think this is a good idea. Of course, you have to do it delicately. You can just bring it humbly up in the conversation, like "yah, I didn't get the job. Apparently one of my references said something that they didn't like. Or maybe I blew the interview. Sheesh."

After starting the conversation and discussing other things about the job the refs may confess what they did say. It may not be anything that they think was bad ("What? I just mentioned that you get high at lunch occasionally. No big deal- lots of people do.") in which case you can have a calm discussion about what to say next time ("ummm, maybe leave that bit out...").

But honestly, this part worries me:

I nearly damaged that relationship yesterday in course of asking

I'm trying to imagine that conversation. If you an aggressive, emotional person then I'm imagining, then it may not have been just one reference. It may be something that came through in their conversations with everybody, including you. You may need to chill a little in general- and work on your 'people skills.' If you are the "brutally honest" type, for example, you may face this problem again if don't learn how to get along. Learn how to make people feel good about themselves rather than bad and you'll get farther.

So he's the calm one, and you almost damaged a relationship with this person. I can possibly see these 3 people in question mentioning to the headhunter that your personality might not mesh well with other people.
A mixed reference can mean a few things. I had a career counsellor once tell me that if a reference wasn't completely ecstatic and over-the-moon about you, then it's a bad reference.

So possibly what happened is that your reference said something along the lines of "I worked with anonnystate and he came on time and completed his work". Which sounds good to you, but to a potential employer, this is pretty mediocre and might indicate that the reference is hiding something. If your friend doesn't know how to give a real reference, then this may be the case.

Or maybe they just asked "tell us something about your negative experiences working with @annoystate".

I just wouldn't bother - expect 9 out of 10 interview to fail anyway.

(comment deleted)
1. For legal rights under New York Sate employment law, it might be best to talk to an attorney.

2. There is what the reference said. What the firm told told the headhunter and what the headhunter said. The information is third hand.

3. If there were multiple channels into the firm, then information could have come from one of their networks independently of the provided references.

4. Because the list of past employers are as much references as personal references, it could have been anyone at a former employer who was indifferent and contact could have been outside formal HR channels.

5. The headhunter could have formed the opinion on their own and withdrawn your candidacy. The headhunter could have been unable to reach favorable terms with the company regarding their compensation. Someone more appealing to the headhunter could have come along. The job might not really exist. It might have been filled.

Sure, not getting a job kinda sucks. It's probably not worth the risk of collateral damage due to insufficient or inaccurate information. Or both.

Good luck.

Hn Hi I have been in the biz for 26 years and I am sorry to say that I have not see any rights for this. These are the references you are giving. On the other hand its important to understand that lots of time signal are crossed between the reference check and reference giver.

Meaning most companies use references to disqualify and that the reference checker may not ask followup questions to understand the context of the questionable information. That is not your problem, its the companies problem and they are missing great talent.

For example I always ask a references this question. "Everyone has something they can improve on what can this candidates improve on?"

Yesterday i received feedback on this question that was questionable. "The response was that you need to help the candidate to stay focus."

HMMMMM that's not good, I said to my self is this +/- I need to explore more. I asked some follow up questions and I found out that the candidates requested help to fix a new AppSec too. The request was not followed up on by the reference in a timely fashion and the candidate fixed the tool's code to make it work : )

Long story short, I was able to gather from this reference that it was the references' responsibility not to waste this candidates time. So for the next employer, he said its important to respond quickly to his needs so you don't waste valuable Building, Breaking and Defending AppSec time. Because he is smart of enough to find and fix anything.

So in essence, if I took what the reference at face value with out seeking to understand this would have been a mixed reference. Now I am able to educated the new hiring prospects on this feedback.

Hn, you can only do so much so you might change up your references a bit to be safe but there is a lot out of yours and their control.

Sorry and have a great weekend!

Joel @doyouidentify

(comment deleted)
And this is why references can easily be useless. Even comic book villains could produce a few henchman to vouch for them and not mention their arch-enemies.
Exactly true.

Though usually the reference is "grilled" a bit into several aspects, it's not usually a matter of "good or not good"

I doubt you have any "right" to know. Are you certain it wasn't a back-channel reference (ie, not one of the ones you provided)?
My advice: drop it, but don't use the same people as references again.

Whether a reference is good, bad, or mixed is entirely in the eye of the interviewer/reference checker. The interviewer could have asked some question like "tell me about a time @anonnystate went above and beyond in this role" and your reference proceeds to tell about the time you left an after hours party to fix the thing that broke the site. In your reference's mind that showed dedication. In the interviewer's mind you worked on code while partying.

They could have asked your references to describe your role, if it doesn't match up with what you claimed your role to be: mixed reference.

And it's entirely possible that the people you asked to be your references didn't want to say no, precisely to avoid the followup question of why.

Moral or legal? Legal, no clue. Moral, hell no.
Unmoral = call your references pretending to be a recruiter.
I'm actually kinda impressed / amazed that you got the "bad reference" excuse blatantly. That area just seems murky for pretty much this exact reaction, most places I've worked have had policies stating that you can't give negative references (only positive or decline to comment).

All kinds of crazy stuff can go down in interviews and unless it's part of a trend, you just have to chalk it up to their loss. I had an interview where the hiring manager came back with lots of praise and offer forthcoming news, turn into "team could not reach consensus" in under 24 hours. People in interviews will come up with all sorts of crazy reasons not to proceed. Sometimes it's a turf war, sometimes it's thinking they need to protect themselves, sometimes it's some innocuous occurrence in the interview that sows enough doubt to not proceed. Your career is way more than the few incidents that will occur over it that make no sense, so I'd just not worry about it for now. More bad could come from trying to McCarthy your reference network than good based on one weird interview scenario :-).

Ouch.

What is even a "mixed" reference? I mean, what a lame excuse. It is enough to say "he has great engineering abilities and some good accounting" to say that it is "mixed"...

Never, never use a referee who you are not certain is going to be fully singing your praises.

If youre unsure about any of the referees you're using, set up a fake opportunty via friends and spoofed emails etc. Get real references, which of course are sent to you, or relayed if a friend phones "as a headhunter/employer".

There's also a distinct possiblilty that the referee had been hassled at a bad moment by the headhunter (not a species reknowned for consideration after all). The mixed part may have stemmed from this. Or perhaps he didn't cooperate in sharing leads at his current location. It might have been poor wording or misunderstanding either a question or answer rather than a real issue.

In short, you'll never know, but you can arm yourself better for next time.

misunderstood - deleted :)
He's arguing that a fake job opportunity - which provides an opportunity to vet references - should be set up, not that references should be faked.
The suggestion was to set up a fake job opportunity, and to collect real references - an attempt to find out who gave a mixed reference.
I'm not suggestng you fake references. I'm suggesting he find out what referees have to say, by getting a friend to ask them for a reference. There is nothing dishonest about finding out what a potential referee has to say about you, and how.

It's certainly no more dishonest than the hundreds of agents who try to insist on references before interviews - because they're using them for lead generation.

If it's an ex-employer, as many are, it's not unheard of for them to give minimal or less than glowing reference simply because theyre still unhappy you left and nothing to do with your skills and personality.

To use a referee without being as sure you're using the best names from the possibles is foolish.

Ah I see, sorry then. I'll remove my comment as I misunderstood and it's not relevant.
How would he even be caught, to be honest?

Anyways, even if legitimate, I always assume most references are friends, friends-of-friends, or friends of family, or something making the reference equally meaningless, anyways.

I know very well of a situation that I think most people would not believe. A well-established software company hired someone with excellent, glowing references from real people at one of the largest software companies in the world. This was for a senior QA position. After months, it came to light that the person did not even have the capability to tell you if the code they were looking at was javascript, C# or VB code. They just had never done any coding or technical work in their career. So granted, during the hiring process there was almost no consideration of testing their coding knowledge because the person wasn't really hired to write any code, and the company doing the hiring was unbelievably incompetent; but even still, it was just amazing this happened.

Not the same thing but pretty close: I read an article, and I can't find it now, but I think it was UC Berkeley published something saying that reference quality for admitted students was a meaningless or near-meaningless predictor of academic success at their institution.

I assume the same in the working world, unless I personally know the reference.

on the contrary. you give references for people who have the deepest understanding of how you work - how you excel and how you fail.

the whole system works much better when everyone is as well informed as possible.

How serious are you about finding out?

If you want to invest time into it, round robin applications. For example, if you need 3 references per application, get 4 then cycle them in sets of 3 each time. Or find an application that requires only 2 references and split sets. Eventually you will have enough data to know who the bad reference came from. This is time consuming, but will net you your answer.

The truth is, your options are drop all the references you used, even the ones you think are solid, or find out who the lame duck is and delete them.

Legally, no one can say anything because it opens them up to a lawsuit, so stop chasing that avenue unless you know them personally.

Good luck!

I am willing to bet $100 that no one gave you a bad reference.

In NY this is becoming a lame way to turn someone down, knowing that the reason will draw attention away from the company while the actual reason has nothing to do with references.

It could also be that they gave what they thought was a good reference while the interviewer saw it in a different light.
I agree with both commenters above. You don't know for a fact if the liar is one of your references or the headhunter. This could very well be a lame excuse to pass on you as a candidate.
It's totally possible for someone to start off giving a great reference, then for the comments to become mixed (knowingly or not) once a recruiter or hiring manager digs in.
If that's the case, that's just dirty.

As the OP notes, this killed off the other leads the agency was giving him. If that is what happened, this company might have caused him serious professional & financial harm. There's probably nothing to do there but if companies are doing this, it should become well known as part of the reference check on them.

I get the impression that the candidate contacted the employer directly instead of via the recruiter. That might well explain the recruiter dropping the candidate altogether since it somewhat jeopardizes the recruiter's relationships with employers.
Ask a friend to act as a headhunter, and call each of the people on your list of references asking for their opinion.
As someone who does a ton of reference checks when we're hiring, and who acts as a reference for people as well, here's what I would do...

Call (do NOT email) each of your references and state the situation: "Hey Ms. Reference, I recently got feedback from one of my job applications that a reference check did not go as well as I expected. Given that I use you as a reference in these situations, I wanted to check in to make sure that if you had any feedback on my past performance or had any advice on how to make a reference check go smoothly, I'd appreciate it."

A reference should not accept to be a reference if they will give bad feedback.

I do agree with folks here who are saying this might not be the real reason for the turndown, but definitely approach your references if you are concerned.

EDIT: to answer your question directly you really don't have much of a right here. This is all lovey-dovey-fuzzy human stuff. I doubt your potential employer will share the feedback, nor would I even ask. If anything, ask for general feedback on what was said or what could have been done better by you.

> A reference should not accept to be a reference if they will give bad feedback.

What is a reference for, then? A future employer wants an honest view on the candidate.

I always want a candidate's current immediate supervisor as a reference but I would be surprised if any other reference was less than positive about the candidate. A future employer wants and honest view on the candidate but the candidate wants to make the best impression. Generally I only check references after I've already made a choice (but before an offer), the choice was made based on what the candidate has presented so the reference check is basically a chance to avoid a total fraud or unbalanced person. So far I've been fortunate enough to have not made what I would consider a bad hire.
I'd say a reference is a social construct that implies Person A is willing to vouch for Person B. Their goal isn't to give a fully honest and unadulterated opinion on all strengths + weaknesses of an individual, but rather to show that Person B is capable of good work. You're basically finding their upper bound, not necessarily the range of skill sets.

Accepting to be a reference when being requested by an applicant assumes you'll be honest but also courteous and positive.

In some situations, a potential employer might require to speak with a specific individual who you might not have asked to be a reference. In that situation, the social contract above doesn't apply.

Call the people who acted as referee to thank them. You should do that anyway. In the process mention that "one of the other referees gave a mixed references, so I couldn't get the position", without accusing him directly. See how the conversation goes from there.
My guess is that it wasn't one of your "official" references. Even though they're generally not supposed to, every employer will consider "backdoor" references from other people in their network who know you. Often, these are given greater weight than the references you provide, because those are known by all involved to have been picked and prepared to put you in the most positive light possible.

Asking the no-longer-potential employer or your current references about it is unlikely to do any good. Using different references might, but then again maybe not. You probably already know what negatives might have come up in a conversation with people who've worked with you. If those are affecting your career development, the solution should be obvious.

> Even though they're generally not supposed to

Do you mean legally? Or something else?

It's a pretty murky area. Legally, there are four possibilities:

  * Anything goes.

  * OK, but you have to inform the candidate after the fact.

  * OK, but you have to get consent *before*.

  * Absolutely not.
The requirements vary state by state, and are often more restrictive for recruiters than for employers themselves. On the other hand, companies may have internal policies more restrictive than what the law requires. This is often due to the risks involved - defamation, harm from current employer finding out that they were looking, etc. Just about any HR professional will say you shouldn't do it, but usually they're just covering their own asses. In my experience, everyone does it and HR turns a blind eye.
I think this might be similar to buying a house with a conditional offer of home inspection and then deciding to nullify the offer on a mixed/negative home inspectors report. It is entirely subjective, and the report could have been positive, and in the hands of the buyer. It is a way of backing out of the deal if you cannot come up with financing, change your mind, etc. Could be similar.
It is possible all you references were good, but some were "form" or not expressive enough.

One of my old employers had a very strict policy of only issuing a standard reference which was basically to confirm I worked there, my job title and my start/finish dates. Staff and managers were expressly forbidden from giving references - they had to refer all requests to HR.

I had a job offer withdrawn as a result of this. The potential employer asked specific questions in their reference request and my old employer refused to answer then - instead giving them their standard form reference. Not my fault, and nothing I could do about it.

The headhunter says "mixed reference," and you have translated that to "negative feedback," which is not the same thing.

It could be that someone who generally thinks highly of you gave a glowing reference, but once the headhunter or hiring manager started digging into specifics, the person softened, hesitated, or otherwise answered in a way that the company was not looking for. It's possible the reference was unaware that what he/she said was interpreted in a mixed or negative light by the company.

Let's just assume for a moment that you actually did receive a mixed reference, intentionally, and it wasn't misinterpreted by anyone. As others have mentioned that's not a foregone conclusion but for the sake of argument let's assume that is what happened.

> I have asked the company ... but they are refusing to let me know which of my references provided them with the negative feedback.

Of course they are, because it's none of your business. You do not have a legal right to the information.

> What are my rights here?

You have the right to continue applying and to use different people for references.

> I simply want to know who is the snake

Based on your comments in this thread, the entitlement, the threat of lawsuits, and calling someone a snake for giving you a bad reference, it seems perfectly reasonable that someone would have given a bad reference.

Thank you all for the feedback. It has been helpful.